STATE.OF FLORIDA EDUCATION PRACTICES COMMISSION DR. TONY BENNETT, as Commissioner of Education, Petitioner, VS. CASE NO. 090-2993 LESLIE VONDAKAY RAINER, Respondent, ADMINISTRATIVE COMPLAINT Petitioner, Dr. Tony Bennett, as Commissioner of Education, files this Administrative Complaint against LESLIE VONDAKAY RAINER. The Petitioner seeks the appropriate disciplinary sanction, of the Respondent's educator’s certifi¢ate pursuant to Sections 1012.315, 1012,795, and 1012.796, Florida Statutes, and pursuant to Rtile 6A-10.081, Florida Administrative Code; Principles of Professional Conduct for the Education Profession in Flotida, said sanctions specifically set forth in Sections 1012.795(1) and 1012.796(7), Florida Statutes, The Petitioner alleges: JURISDICTION 1. The Respondent holds Florida Bducator’s Certificate 646526, covering the areas of Elementary Education and Reading, which is valid through Junie 30, 2017. 2, Atall times pertinent hereto, the Respondent was employed as an Intensive Reading Teacher at Blanche Ely High School in the Broward County School District, MATERIAL ALLEGATIONS 3. Respondent has a history of inappropriate conduct towards Haitian/minority sttidents, including: (a) conmuentinig to one student that, "| wish they would put you on a boat and send you, back where you came from,” or words.to that effect; (b) telling students to shut up when speaking out of turn; LESLIE VONDAKAY RAINER Administrative Complaint Page 2 of $ (c) telling a student to stand in a corner near the garbage can becatise "that's where he belongs," or words to that effect; (da) holding inappropriate discussions of a réligious nature with students:.and (e) allowing students from other origins to bully Haitian/minority students. Asa result of the conduct alleged in this paragraph, Respondent was verbally counseled on, or about December 4, 2008, and issued a written reprimand on or about April 14, 2011, 4. Djuna Rena Robinson (Robinson), a teacher and Respondent's cousin, is.a union building stewart. On or about March 10, 2010, Robinson circulated a petition regarding the removal of the principal. S.R., who isa teacher at the School, learned her name was.on the petition and requested that it be removed. Robinson became angry at S.R. because of S.R.’s insistetice to have her name removed. 5. On or about March 11, 2010, and within a day of the removal of her name fron the petition, S.R. was conducting her English / English for Speakers of Other Languages (ESOL) class on the origin of words. S.R. was explaining the origin of a word derived from the name of Egypt. Respondent, who was $.R.'s team leader, accompanied by Robinson, came unannounced into'the _ room, When S.R, attempted to continue the discussion, Respondent intertupted and stated, "Egyptians are evil people because they held the children of Israel it slavery,” or words to that effect, When S.R..attempted to ignore the comment and restime the class discussion, Respondent again interrupted $.R. and stated, "What do you mean? It says in the Bible that the Egyptians are evil and how they made slaves of God's chosen people,” or words to that effect. S.R, attempted to. resume, but was again interrupted by Respondent, who stated. that "we" have nothing in common with any of the groups mentioned by S.R., adding that God had separated people for a reason, Despite repeated attempts to ignore Respondent's interruptions and inappropriate comments, Respondent continued to openly promote her religious viewpoints, stating, "The only lawgiver is Moses because God sent him,” or words to that effect. 6. S.R. ignored Respondent's comments and returned to the subject of cultural interconnectedness. B.S., a ninth grade student, who is Haitian, inquired why Haiti was so poor. Before S.R, could respond, Respondent stated, "Let me answer that since Ms. Rodriguez does not hold Christian views and because she's an atheist, she would say something different, Pat Robertson has already told. us that because Haiti made a pact with the Devil, Haiti is cursed and they are going to suffer becatise of the pact they made with the Devil,” or words to that effect, When SR. attempted to defuse the impact on the students, many of whom were Haitian, Respondent interrupted to state that sitice Pat Robertson, who was att Evangelist, stated that Haiti is cursed, the statement was true, 7. Another Haitian student, W.P., requested an explanation from S.R. rather than Respondent. When S.R. provided the historical events that led to Haiti's impoverishment, LESLIE VONDAKAY RAINER Administrative Complaint Page 3 of 5 Respondent interrupted and stated, "That's not true and Ms. Rodriguez can't see this because she's an atheist." Robinson stated, "I have some anointing oil ih my room and] am going to get it because it seetns-as if somebody may need anointing." 8.R., ina humorous hint, advised Robinson thatifshe came back with any oil, she should bring her lettuce and tomato for the salad because that would be the only use for oil. Robinson, failing to take the hint, returned with a bottle filled with a substance, which Respondent described as “anointing oil," and paraded around the room holding up the bottle. Respondent then stated “atheists die horrible deaths," or words to that effect, before joining Rainer - anid K.M., an Affican-Amettican student, in chanting Bible verses. 8. On or about March 22, 2010, S.R. filed a bullying complaint in accordance with the school district policy. On or about April 12, 2010, following an investigation by the principal, it was determined that the Respondent's action violated the district's anti-bullying policy. 9, On or about April 13, 2010, Respondent, aided by Robinson, questioned several students whether S.R. was discussing atheist principles during class and whether the principal had arelationship with S.R. Respondent advised students that they did not have to listen to S.R. since she was an, atheist. 10. On ot about April 19, 2010, a second complaint was filed by S.R., alleging.a variety of conduct by Respondent and Robinson. ll. Following the filing of the second complaint, S.R. was identified in flyets circulated by neighborhood churches.as an atheist who was doused with oil. 12, Onorabout May'6, 2011, Respondent, engaged in inappropriate conduct by pointing a. pointer m a Haitian student's face in a threatening mannet and making the statement, "Look little chocolate boy." Respondent also told the student.P.S, that he was "chocolate that nobody wanted," Respondent has.also screamed at PS. to "shut-up," P.S. recorded Respondent on video pointing the pointer at him and making the statement, "You got one time, chocolate," with the classroom subsequently erupting in laughter, 13. A 10-day susperision was imposed on the Respondent for the conduct alleged in paragraph 12. Following an administrative hearmg (DOAH Case Number: 12-0884), Respondent was given a five-day suspension by the school district. The Petitioner charges: STATUTE VIOLATIONS COUNT 1: The Respondent is in violation of Section 1012.795(1)(d), Florida Statutes, in that Respondent has been guilty of gross immorality or an act involving moral. turpitude as defined by rule of the State Board of Education. LESLIE VONDAKAY RAINER, Administrative. Complaint Page4 of 5 COUNT 2: — The Respondent is in violation of Section 1012.795(1)Q), Florida Statutes, in that Respondent has violated the Principles of Professional Conduct for the Education Profession prescribed by State Board of Education rules. RULE VIOLATIONS COUNT 3: — The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(a), Florida Administrative Code, in that Respondent has failed to make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental health and/or physical health and/or safety. COUNT 4: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(3)(b), Florida Administrative Code, in that Responderit has unreasonably restrained a student from independent action in pursuit of learning, COUNT 5: = The allegations of misconduct set forth herein are in violation of Rule 6A- 10.0813)(c), Florida Administrative Code, in that Respondent has unreasonably denied a student access to diverse points of view. COUNT 6: The allegations of misconduct set forth-herein are in violation of Rule 6A~ 10.081(3)(e), Florida Administrative Code, in that Respondent has intentionally exposed a student to unnecessary embarrassment or disparagement, COUNT 7: — The allegations of misconduet set forth herein are in violation of Rule 6A- 10.081(4)(a), Florida Administrative Code, in that Respondent has failed to take reasonable prevautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated. COUNT 8: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(c), Florida Administrative Code, in that Respondent has denied to.a colleague exercise of political or civil rights and responsibilities. COUNT 9: The allegations of misconduct set forth herein are in violation of Rule 6A- 10,081(5)(4), Florida Administrative Code, in that Respondent has engaged in hatassment’ or discriminatory conduct which unreasonably interfered with an individual's performance of professional or work responsibilities or with the orderly processes of education or which created a hostile, intimidating, abusive, offensive, or oppressive environment; and. further, failed to make reasonable effort to assure, that each individual was protected from such harassment or discrimination, , COUNT 10: The allegations of misconduct set forth herein are in violation of Rule 6A- 10.081(5)(e), Florida Administrative Code, in that Respondent has niade malicious or intentionally LESLIE VONDAKAY RAINER Administrative Complaint Page5 of 5 false staternents about a colleague. WHEREFORE, baséd on the reasons set forth herein and in accordance with the Explanation of Rights and Election of Rights forms attached. to and made a part of this Administrative Complaint, Petitioner respecttilly recommends that the Education Practices Commission impose an appropriate sanction against the Respondent’ s¢ducator’s certificate pursuant to the authority provided.in Sections 1012.795(1) and 1012.796(7), Florida Statutes. The sanctions imposed by the Education Practices Commission may include, but are not lintited to, any one or a combination of the following: issuing the Respondent a written reprimand; placing the Respondent on probation for any period of time; restricting the Respondent’s authorized scope of practice: assessing the Respondent.an administrative fine; directin g the Respondent to enroll inthe Recovery Network Program; suspending the Respondent's educator’s certificate for a-period of time not to excsed five years; revoking the Respondent’s educator’s certificate for a period of'time up to 10 years or permanently; determining the Respondent to be ineligible for certification; or barring: the Respondent from reapplying for an educator’s certificate for a period of time up to 10 years or permanently. EXECUTED on this €3 _ dayof. Suk 2013. DR. TONY BENNETT ag Comunissioner of Education State of Florida

Docket for Case No: 14-000725PL